Busted: Irish Wind Project Slammed For Breaching EU Environmental Directives

It’s a rare and beautiful thing when wind power outfits have their feet held to the fire. Writing their own set of rules and riding roughshod over locals has been the standard mode of operation for the wind industry, from the get go.

STT recently reported on the Irish government’s very own turbine troubles: it was slammed with a €5 million fine for failing to apply its very own environmental standards at a wind farm in County Galway, which turned into an environmental disaster: Irish Government Slammed with €5m Fine Over Wind Farm’s Environmental Disaster

Now a wind power outfit in Waterford has been brought to heel for pushing the envelope over the size of its turbines.

Its planning permit provided strict limits on their size, which Barranafaddock Sustainability Electricity duly ignored; spearing turbines greater in size than what was permitted into the local turf.

Predictably, the wind power outfit argued ‘no biggie’.

Uncharacteristically, the court rejected that argument and the Judge is now contemplating forcing the removal of the offending items.

Court orders Waterford wind farm must be put on ‘standby mode’
The Irish Times
6 December 2019

A Waterford wind farm operator has been ordered by the High Court to put nine turbines into “standby” mode from Monday following a finding they breach an EU directive on environmental impact assessments.

Mr Justice Garrett Simons said he wished to give Barranafaddock Sustainability Electricity, operators of wind farm at Ballyduff, an opportunity to regularise the planning status of the turbines so that they comply with EU law. He would not, therefore, order their immediate removal.

He put a stay on the making of his order for a week from Monday during which time the developer could apply to the Court of Appeal for an early hearing of its appeal over his decision. The developer also has liberty to apply to vacate the order if An Bord Pleanala makes a decision effectively approving permission.

The case arose after the developer got planning permission for the structures, but their built height had been varied, which objectors claimed meant they were not in accordance with planning approval.

The developer maintained the deviation of the rotor height from 90 metres to 103m was immaterial in terms of the planning permission. The matter was referred by Waterford City and Co Council for determination to An Bord Pleanála which refused to declare the modifications to the turbines as exempted development.

The developer brought proceedings, currently before the court, over the board’s decision. Separately, seven local residents had sought a planning injunction from the court in relation to the status of the turbines as built.

On Friday, Mr Justice Simons said the developer was precluded by law from re-agitating the argument that the as built turbines are authorised by a 2011 planning permission. The developer had a full opportunity to make its case before the board and it did not challenge the decision they were not exempt under Section 5 of the Planning and Development Act 2000, he said.

The developer could not, therefore, reopen the board’s findings in the High Court proceedings. “The 2011 permission did not authorise the erection of wind turbines of the scale and dimensions actually put up,” he said.

The permission for the turbines was subject to an EU directive requiring an environmental impact assessment, he said. The increase in the diameter of the rotor blades constituted a change or extension to the permitted development, he said. The directive obliges member states to provide effective, proportionate and dissuasive penalties for breaches of national legislation, he said.

It could only have been lawfully authorised by way of making an application for permission and the developer was not entitled to rely on an alleged agreement with the local council authorising the extension/change, he held.
Irish Times

About stopthesethings

We are a group of citizens concerned about the rapid spread of industrial wind power generation installations across Australia.

Comments

  1. I just wanted to ask if everything was ok since I haven’t seen a post in a few days. Reading your post is part of my morning ritual.

    Hugs and prayers! Cindy Tarr

    >

  2. Richard Mann says:

    It is well past time to turn off Turbines due to known and documented health harm. Please ask anyone who denies health harm of Industrial Wind Turbines to watch this presentation. University of Waterloo, Waterloo Ontario Canada.

    Title: “Infrasound and Low Frequency Noise: Physics & Cells, History & Health”
    Speaker: Dr Mariana Alves-Pereira
    Location: University of Waterloo
    Date: September 12, 2019

    Video archive of presentation:
    https://livestream.com/itmsstudio/events/8781285

    Dr. Alves-Pereira’s research profile is at https://www.researchgate.net/profile/Mariana_Alves-pereira

    Note; there is approx 2 mins of dead air at the beginning. The talk is ~50 minutes, followed by a long Q&A

  3. Reblogged this on ajmarciniak.

  4. Reblogged this on Climate- Science.press.

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